[Federal Register Volume 65, Number 154 (Wednesday, August 9, 2000)]
[Proposed Rules]
[Pages 48669-48671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-20163]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 216

[Docket No. 000720213-0213-01; I.D. 062000C]
RIN 0648-AO40


Marine Mammals; Subsistence Taking of Northern Fur Seals; Harvest 
Estimates

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed estimates of annual fur seal subsistence needs; 
request for comments.

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SUMMARY: Pursuant to the regulations governing the subsistence taking 
of northern fur seals, this action proposes annual estimates of fur 
seal subsistence needs for 2000 through 2002 on the Pribilof Islands, 
Alaska, and summarizes the annual fur seal subsistence harvests on St. 
George and St. Paul Islands (the Pribilof Islands) for 1997 through 
1999. NMFS solicits public comments on the proposed estimates.

DATES: Written comments must be received at the appropriate address or 
fax number (See ADDRESSES) no later than 5 p.m., eastern daylight time, 
on September 8, 2000.

ADDRESSES: Comments or requests for a copy of the draft Environmental 
Assessment should be addressed to the Chief, Marine Mammal Division, 
Office of Protected Resources, 1315 East-West Highway, Silver Spring, 
MD 20910. Comments also may be sent via facsimile (fax) to (301) 713-
4060. Comments will not be accepted if submitted via email or Internet.

FOR FURTHER INFORMATION CONTACT: Dave Cormany, (907) 271-3024, fax 
(907) 271-3030, email [email protected]; Michael Payne, (907) 586-
7235, fax (907) 586-7012, email [email protected]; or Thomas 
Eagle, (301) 713-2322, ext. 105, fax (301) 713-4060, email 
[email protected].

SUPPLEMENTARY INFORMATION: The subsistence harvest from the depleted 
stock of northern fur seals, Callorhinus ursinus, on the Pribilof 
Islands, Alaska, is governed by regulations found in 50 CFR part 216, 
subpart F. The purpose of these regulations, published under the 
authority of the Fur Seal Act (FSA), 16 U.S.C. 1151, et seq., and the 
Marine Mammal Protection Act (MMPA), 16 U.S.C. 1361, et seq., is to 
limit the take of fur seals to a level providing for the subsistence 
needs of the Pribilof residents, while restricting taking by sex, age, 
and season for herd management purposes. To further minimize negative 
effects on the Pribilof Islands' fur seal population, the harvest has 
been limited to a 47-day season (June 23--August 8).
    Pursuant to the regulations governing the taking of fur seals for 
subsistence purposes, NMFS must publish a summary of the fur seal 
harvest for the previous 3-year period and an estimate of the number of 
seals expected to be taken in the subsequent 3-year period to meet the 
subsistence needs of the Aleut residents of the Pribilof Islands.

Summary of Harvest Operations and Monitoring 1997-1999

    The annual harvests were conducted in the established manner and 
employed the standard methods required under regulations at 50 CFR 
216.72. NMFS personnel monitored each daily harvest and worked closely 
with the tribal governments of each island to further improve the 
efficiency of the annual harvest and full utilization of the animals 
taken. NMFS personnel also monitored the disposal of by-products of the 
subsistence harvest in an effort to ensure that certain parts, such as 
bacula, of harvested seals were

[[Page 48670]]

not taken illegally and that waste of edible portions was not 
occurring.
    The number of northern fur seals harvested on St. Paul Island from 
1986 to 1999 ranged from 1,000 to 1,710, and the number harvested on 
St. George Island from 1986 to 1999 ranged from 92 to 319 seals. The 
actual number of animals harvested has never reached the upper end of 
the estimated take range for either island and has reached the lower 
limit only once on St. Paul (1991) and twice on St. George (1991, 1993) 
in the past 10 years. The average number of seals harvested during the 
past 10 years on St. Paul and St. George Islands has been 1,524 seals 
(range: 1,000 to 1,645) and 247 seals (range: 193 to 319), respectively 
(Table 1).
    Beginning with the 1995 harvest, the tribal government of St. Paul 
voluntarily eliminated the ``butterfly cut'' as a standard method of 
field dressing harvested seals and resolved to utilize more of the 
carcass from each animal. Only whole carcasses were removed from the 
harvesting field. The following exceptions, as permitted by the tribal 
government, are: (a) Those animals taken to accommodate some of the 
elder residents who are physically unable to butcher whole animals 
supplied to them by the tribal government, and; (b) those carcasses in 
which the gall bladder was inadvertently ruptured, thus contaminating 
some of the meat with bile. A total of 12 butterfly cuts (0.29 percent 
of the combined Pribilof total take of 4,126 seals for the 3 years 
1997-1999), were taken from the field under these exceptions.
    As a result of the elimination of the butterfly cut as a standard 
field dressing method and because the removal of whole carcasses 
constitutes full utilization of the edible portions of harvested seals, 
NMFS determined that continuing the percent-use calculations previously 
applied to the harvest was no longer necessary. The butterfly cut was 
never a standard field dressing method on St. George Island; therefore, 
removal of only whole carcasses from the harvesting field is now a 
uniform practice in the Pribilofs.
    Regarding the utilization of the inedible portions of harvested 
seals, the tribal governments of both islands have implemented a 
program that promotes full utilization of inedible seal parts for 
traditional arts, crafts, and other uses permitted under regulations at 
50 CFR 216.73. The result has been an expanded use of these materials 
by the Aleut residents and increased fulfillment of the non-wasteful 
harvest requirements.
    From 1997 through 1999, NMFS and the tribal governments of both 
islands worked closely and successfully to improve the conduct of the 
subsistence harvest and to promote full utilization of all the products 
thereof. Through the emerging co-management process, NMFS and tribal 
authorities have developed a cooperative and collaborative working 
relationship, which increases local participation and responsibility 
regarding subsistence uses of fur seals and other marine mammals on and 
around the Pribilofs. Among the improvements realized through this 
process from 1997 to 1999 were a lower incidence of heat stroke and 
fewer females or bulls being accidentally struck. NMFS anticipates that 
this effort and process will continue to progress and significant 
harvest improvements are planned or being implemented for the annual 
harvests 2000--2002.

          Table 1. Subsistence Harvest Levels for Northern Fur Seals on the Pribilof Islands, 1985-1999
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                                Subsistence Take Ranges                                   Actual Harvest Levels
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                         Year                              St.Paul         St.George       St.Paul    St.George
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1985                                                                                         3,384          329
1986                                                      2,400-8,000        800-1,800       1,299          124
1987                                                      1,600-2,400        533-1,800       1,710           92
1988                                                      1,800-2,200          600-740       1,145          113
1989                                                      1,600-1,800          533-600       1,340          181
1990                                                      1,145-1,800          181-500       1,077          164
1991                                                      1,145-1,800          181-500       1,645          281
1992                                                      1,645-2,000          281-500       1,482          194
1993                                                      1,645-2,000          281-500       1,518          319
1994                                                      1,645-2,000          281-500       1,616          161
1995                                                      1,645-2,000          281-500       1,525          260
1996                                                      1,645-2,000          281-500       1,591          232
1997                                                      1,645-2,000          300-500       1,153          227
1998                                                      1,645-2,000          300-500       1,297          256
1999                                                      1,645-2,000          300-500       1,000          193
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Estimate of Subsistence Need for the Period 2000--2002

    The projected subsistence harvest estimates are given as a range, 
the lower end of which may be exceeded if NMFS is given notice and the 
Assistant Administrator for Fisheries, NOAA, determines that the annual 
subsistence needs of the Pribilof Aleuts have not been satisfied. 
Conversely, the harvest can be terminated before the lower end of the 
range is reached if the annual subsistence needs of the Pribilof 
residents are determined to have been met or the harvest has been 
conducted in a wasteful manner.
    In September 1996, NMFS requested that the tribal government of 
each island determine the number of fur seals that would be needed by 
their communities each year for the 3-year period 1997 through 1999. 
The response from the St. Paul Island tribal government was to maintain 
the current range of 1,645-2,000 seals. The St. George Island tribal 
government requested that the lower end range be increased from 281 to 
300 seals and that the upper bound remain at 500 seals. NMFS determined 
that the continuing decline of the island's economy had resulted in an 
increased rate of unemployment and, thus, a greater reliance on 
subsistence harvesting of food resources by the Aleut residents of St. 
George Island to meet their needs for the 1997-1999 period. In response 
to the information provided by the tribal governments of St. Paul and 
St. George Islands, the estimated range on St. Paul Island for each of 
the years 1997 to 1999 remained the same as was established for the 
years 1994 through 1996 (1,645 to 2,000), and that the annual range on 
St.

[[Page 48671]]

George Island for the years 1997 through 1999, was 300-500 seals.
    In 1999, NMFS and the Tribal Government of St. Paul (TGSNP) 
initiated discussions under Section 119 of the MMPA regarding co-
management of the subsistence uses of marine mammals in Alaska. These 
discussions produced a final draft agreement between the NMFS and TGSNP 
which has been submitted for approval and signature by the respective 
parties. Discussions have also been initiated with the Tribal Community 
of St. George regarding a section 119 agreement under the MMPA which is 
expected to be negotiated within this year.
    For the 3 year period, 2000-2002, NMFS proposes no change to the 
past and current ranges of 1,645-2,000 for St. Paul Island and 300-500 
for St. George Island. Retaining these levels will provide adequate 
flexibility for further refinement of annual harvest levels through the 
co-management process.
    As described earlier in this document, if the Aleut residents of 
either island reach the lower end of this yearly harvest estimate and 
have unmet subsistence needs and no indication of waste, they may 
request an additional number of seals up to the upper limit of the 
respective harvest estimates. The residents of St. George and St. Paul 
Islands may substantiate any additional need for seals by submitting in 
writing the information upon which they base their decision that 
subsistence needs are unfulfilled. The regulations at 50 CFR 
216.72(e)(1) and (3) require a suspension of the fur seal harvest for 
up to 48 hours once the lower end of the estimated harvest level is 
reached. The suspension is to last no more than 48 hours, followed 
either by a finding that the subsistence needs have been met or by a 
revised estimate of the number of seals necessary to satisfy the 
Aleuts' subsistence needs. NMFS seeks public comments on the proposed 
estimates (see ADDRESSES).
    The harvest of fur seals is anticipated to be non-wasteful and in 
compliance with the regulations specified at 50 CFR 216.72. NMFS will 
continue to monitor the harvest on St. Paul Island and St. George 
Islands during 2000-2002.

Electronic Access

    The draft Environmental Assessment for this action is accessible 
via the Internet at the following address:
    http://www.nmfs.noaa.gov/prot__res/depleted/furseal.html.

Classification

National Environmental Policy Act

    A draft Environmental Assessment is available for this action (see 
ADDRESSES).

Executive Order 12866 and Regulatory Flexibility Act

    The Assistant Administrator for Fisheries, NOAA, has determined 
that this is not a significant rule under Executive Order 12866. The 
regulations are not likely to result in (1) an annual effect on the 
economy of $100 million or more; (2) a major increase in costs or 
prices for consumers, individual industries, Federal, state, or local 
government agencies, or geographic regions; or (3) a significant 
adverse effect on competition, employment, investment, productivity, 
innovation, or on the ability of U.S.-based enterprises to compete with 
foreign-based enterprises in domestic or export markets. The General 
Counsel, Department of Commerce, certified to the Chief Counsel for 
Advocacy of the Small Business Administration that this proposed action 
would not have a significant economic impact on a substantial number of 
small entities. Therefore, a regulatory flexibility analysis was not 
prepared.

Paperwork Reduction Act

    This proposed action does not require the collection of 
information.

Executive Order 13132--Federalism

    This proposed action does not contain policies with federalism 
implications sufficient to warrant preparation of a federalism 
assessment under Executive Order 13132 because this action does not 
have substantial direct effects on the states, on the relationship 
between the national government and the states, or on the distribution 
of power and responsibilities among the various levels of government. 
Nonetheless, NMFS worked closely with local governments in the Pribilof 
Islands, and these estimates of subsistence needs were prepared by the 
local governments in St. Paul and St. George, with assistance from NMFS 
officials.

Executive Order 13084--Consultation and Coordination with Indian Tribal 
Governments

    Executive Order 13084 requires that if NMFS issues a regulation 
that significantly or uniquely affects the communities of Indian tribal 
governments and imposes substantial direct compliance costs on those 
communities, NMFS must consult with those governments, or the Federal 
government must provide the funds necessary to pay the direct 
compliance costs incurred by the tribal governments. This action does 
not impose substantial direct compliance costs on the communities of 
Indian tribal governments. Accordingly, the requirements of section 
3(b) of Executive Order 13084 do not apply to this action.
    Nonetheless, NMFS took several steps to work with affected tribal 
governments to prepare and implement the proposed action. These steps 
included discussions on subsistence needs and mechanisms to ensure that 
the harvest is conducted in a non-wasteful manner. NMFS and the Tribal 
Government of St. Paul are negotiating a cooperative agreement pursuant 
to section 119 of the MMPA to govern future harvests.

    Dated: August 3, 2000.
William T. Hogarth,
Deputy Assistant Administrator for Fisheries, National Marine Fisheries 
Service.
[FR Doc. 00-20163 Filed 8-8-00; 8:45 am]
BILLING CODE 3510-22-F